T.David vs The Inspector Of Police
2021 Latest Caselaw 19212 Mad

                                                                             CRL.O.P.No.16071 of 2021


                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 20.09.2021

                                                        CORAM:

                                   THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                CRL.O.P.No.16071 of 2021


                     T.David                                                    ... Petitioner
                                                         Versus

                     1.The Inspector of Police,
                       Economics Offences Wing,
                       Erode District.

                     2.The Superintendent of Police,
                       Erode District.                                          ... Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to direct the respondents to take action against his
                     complaint dated 16.02.2021 and register the complaint and investigate the
                     same in accordance with law.



                                      For Petitioner    : Mr.R.Muthukumar

                                      For Respondents   : Mr.A.Damodaran
                                                         Government Advocate (Crl.Side)


                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                 CRL.O.P.No.16071 of 2021


                                                          ORDER

This petition has been filed to direct the respondents to take

action against his complaint dated 16.02.2021 and register the complaint

and investigate the same in accordance with law.

2. Heard the learned counsel for the petitioner and the learned

Government Advocate (Crl.Side) appearing on behalf of the respondents.

3. This petition is not maintainable, in view of the Order

passed by a Division Bench of this Court in G.Prabhakaran v. The

Superintendent of Police, Thanjavur reported in (2018) 2 LW Crl 489.

The Hon'ble Supreme Court in its latest judgment rendered by a three

Judge Bench in M. Subramaniam v. S. Janaki reported in (2020) 5

CTC 464, after relying upon Sakiri Vasu Case, has categorically held that

the High Court cannot issue any direction for registration of FIR in

exercise of its jurisdiction under Section 482 of Cr.P.C. The Hon'ble

Supreme Court held that the informant has to necessarily avail of the

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.16071 of 2021

alternative remedy provided under Section 154 (3) of Cr.P.C., and Section

156 (3) of Cr.P.C. Liberty is given to the petitioner to workout his remedy

as per the directions issued by the Division Bench in the order referred

supra.

4. This Criminal Original Petition is disposed of accordingly.

                                                                                          20.09.2021

                     Index            : Yes/No
                     Internet         : Yes/No
                     dna

                     To

                     1.The Inspector of Police,
                       Economics Offences Wing,
                       Erode District.

2.The Superintendent of Police, Erode District.

3.The Public Prosecutor High Court, Madras.

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.16071 of 2021

M.NIRMAL KUMAR, J.

dna

CRL.O.P.No.16071 of 2021

20.09.2021

https://www.mhc.tn.gov.in/judis/